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United States v. Vasquez

United States District Court, Eighth Circuit

January 16, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
LEODAN VASQUEZ, Defendant.

ORDER REGARDING DEFENDANT'S MOTION FOR RELIEF FROM FINAL JUDGMENT

MARK W. BENNETT, District Judge.

This case is before me on defendant Leodan Vasquez's pro se Motion For Relief From Final Judgment Pursuant To Federal Rule Of Criminal Procedure 60(b) (docket no. 197). In his motion, defendant Vasquez requests my permission to file a Motion To Vacate Sentence and Judgment Pursuant to 28 U.S.C. § 2255 and consider that motion as timely. First, Federal Rule of Criminal Procedure 60(b) concerns victims rights and has no applicability here.[1] Moreover, defendant Vasquez does not need my permission to file his § 2255 motion. However, I cannot consider the timeliness of a § 2255 motion until it is actually filed. See United States v. McFarland, 125 Fed.App'x 573, 2005 WL 768731 (5th Cir. 2005); Green v. United States, 260 F.3d 78, 82 (2nd Cir. 2001); Reed v. United States, 13 Fed.App'x 311, 2001 WL 700811 (6th Cir. 2001); United States v. Leon, 203 F.3d 162, 163 (2nd Cir. 2000). Therefore, defendant Vasquez's motion is denied. Only if and when defendant Vasquez files a § 2255 motion will I consider and rule on its timeliness.

IT IS SO ORDERED.


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